A Saanich farm owner has been ordered to shut down unlicensed businesses, remove most RV residents, and reduce housing units on their rural property, after the District successfully argued the land was violating several municipal bylaws.
According to a decision made by Supreme Court Justice Kevin Loo on Wednesday, June 18, Nancy Kinney, who owns a 17-acre property on Old East Road, had contravened three zoning bylaws after the District of Saanich took her to court.
The property, in the Agricultural Land Reserve, is under rural zoning regulations and has a large house, a covered riding ring, a washroom building, several small buildings used for storage, a metal workshop, a woodworking shop, and two garages.
In affidavits from an assistant business license inspector, a bylaw enforcement officer, and the Saanich manager of building inspection services a metal workshop on the property, along with invoices and order forms for a company called Metal Magnate Art Ltd.
Additionally, the business license inspector observed a "tarped off area containing a large amount of patio furniture," which matched with online ads, and multiple vehicles, cars, and trucks parked inside the covered riding ring on the property, which matched an online post for “indoor parking for boats, trailers, vehicles."
"[The zoning bylaw] sets out the permitted uses in areas [under the same zoning regulations]. They include only agriculture, single-family dwelling, boarding, home occupation, accessory produce sales, and accessory buildings and structure. None of these permitted uses encompass the business uses being made of the property in this case," noted the decision.
The district also accused Kinney of having 10 RV sites connected to septic, water and electricity used for tourists, farm workers and "shareholders of the company" that leases the property from Kinney. The business license inspector said he observed eight RVs on the property, all of which had evidence that people were living in them.
The main house on the property had three units, one of which was occupied by Kinney, though the zoning regulations only permit one secondary suite.
Additionally, Roy Thomassen, the manager of building inspection services for the district, found no permits allowing the home to be divided into more than one suite, and that several buildings on the property did not conform to the building code. However, Loo found that there was not enough evidence to prove Kinney circumvented those regulations.
The courts granted three injunctions prohibiting Kinney from using trailers or recreational vehicles on the property for lodging, sleeping, accommodation, or residence – unless for agritourists; from having more than one secondary suite on the property; and from operating any business on the property other than a licensed home occupation business.
To allow time for the tenants in the RVs and the illegal suite to leave the property, the injunction will come into force on July 31.
In 2018, Kinney was also ordered by the courts to pay two $200 tickets for two days of excess noise, which one neighbour testified sounded like a “growler jet” coming from her property.
